Majority Overturns Wal-Mart Stores, Inc. and Reaffirms Application of “Special Circumstances” Test Chairperson McFerran, along with Members Prouty and Wilcox (with Members Kaplan and Ring dissenting), overturned Wal-Mart, and reaffirmed that the “special circumstances” test applies “[w]hen an employer interferes in any way with its employees’ right to display union insignia. [read post]